Victoria lawyer James A.S Legh has been walking us through the process of an examination for discovery with a series of videos telling us what to expect.
In this week’s video, he gives some fantastic legal advice for anyone entering an examination. The opposition will be trying to paint you into a corner, limiting your claim by pressuring you to answer questions in a definitive way.
Lying, as we have been told is not in our best interest, and will weaken our case. So how do we answer a question when we have limited information?
“Keeping the box open” will really work in your favor during a settlement negotiation. Not only does this give you the flexibility to amend your case in the future, but it can also be done without hurting your personal credibility.
This can all be done with careful phrasing. Your lawyer will coach you on questions you might face, so take some time to prepare yourself by practicing your answers using these open ended responses.
Remember, the important thing is to keep your options open, and your legal credibility intact.